JOSHI N.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the unfortunate father of late Jerin, then aged 22 and a half, allegedly died under suspicious circumstances on 13/05/2011, has approached this court to quash Ext P15 order passed by the State Police Chief rejecting the application submitted by the petitioner to reopen the investigation in Crime No. 172/2011 of Athirappilly Police Stations.

(2.) The facts which led to the filing of this Writ Petition are as follows: Jerin, the son of the petitioner, went to Aroomuzhi, a picnic spot, on 13/5/2011 along with his near relatives and died there under suspicious circumstances. An F.I.R was registered as Crime No. 172/2011 by Athirapilly Police Station based on the statement given by one Aji Thomas, who had accompanied Jerin along with other relatives. The FIR was registered under sec. 174 of the Cr.P.C. After completing the investigation, the Sub Inspector of Police, Athirappally, submitted a refer report before the Sub Divisional Magistrate, Thrissur, stating that the death of the deceased was due to drowning. Being dissatisfied with the investigation, the petitioner submitted various complaints and acting upon the same, the Honourable Chief Minister of the State, directed the Crime Branch to look into the matter. Accordingly, the 5th respondent conducted a petition inquiry and closed the case. Further complaints submitted by the petitioner did not yield any fruitful results.

(3.) Therefore, the appellant had filed Writ Petition (Civil) No. 8872 of 2014 against the omission on the part of the 5th respondent in conducting a proper investigation. On 18/07/2014 the said writ petition was disposed of, directing further investigation by constituting a special team and to file a report within the time specified. Exhibit P3 is the report submitted by the Additional Director General of Police, North Zone. In the said report, it was stated that, the death of Jerrin Joshy was due to Asphyxia due to accidental drowning.